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IN RE FORFEITURE OF ONE 1988 BWM 7351

No. 89-0011.

561 So.2d 1235 (1990)

In re FORFEITURE OF ONE 1988 BMW 7351, UNREGISTERED, VIN WBAGB4319J3202661 and One Cellular Telephone.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 7, 1990.

Attorney(s) appearing for the Case

Joseph P. Averill and Gerald J. Tobin, Miami, for appellant-Nelson Gardiner.

Enoch J. Whitney, General Counsel and I. Ed Pantaleon, Asst. General Counsel, Tallahassee, for appellee-State of Florida, Dept. of Highway Safety and Motor Vehicles.

PER CURIAM.

The trial court granted a summary judgment and thereby forfeited one 1988 BMW 7351, Unregistered, VIN WBAGB4319J3202661 and One Cellular Telephone to the State of Florida. The alleged owner, Nelson Gardiner, appeals. We reverse and remand for a full evidentiary hearing.

From our review of the record it is our opinion that summary final judgment was inappropriate here. There were genuine issues of fact which precluded the entry of summary judgment...

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